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Minutes for HB2177 - Committee on Local Government

Short Title

Voluntary cleanup and property redevelopment act.

Minutes Content for Tue, Feb 10, 2015

Chair Huebert opened the hearing on the bill.

Mike Heim, Senior Assistant Revisor, presented a brief overview of the bill.

Leo Henning, Director, Bureau of Environmental Remediation, Kansas Department of Health and Environment (KDHE), appeared as a proponent of the bill.  He testified that the proposed legislation allows the Bureau of Environmental Remediation (BER) to modify the regulations for the Voluntary Cleanup Program (VCP) to create a program to efficiently move sites through the VCP cleanup process.  He stated that new language in the bill allows KDHE to determine if a public notice is needed based on public interest.  He said the bill also allows an innocent property owner to receive a "No Further Action" (NFA) determination even though the  responsible party is not in a state cleanup program.  He explained that KDHE would be allowed to close VCP sites that pose little risk to human health and the environment based on risk analysis that considers the property and surrounding property as a whole.(Attachment 8)

Randy Stookey, General Counsel, Kansas Grain and Feed Association (KGFA) and Kansas Agribusiness Retailers Association (KARA), appeared as a proponent of the bill.  His testimony was presently jointly with Leslie Kaufman, President and CEO, Kansas Cooperative Council (KCC).  He testified that the proposed amendments in the bill have the potential to strengthen the program, decrease time and participation costs, encourage greater industry participation, and increase successful program completion rates.  He strongly encouraged that the Committee pass the bill out favorably. (Attachment 9)

Jarold Boettcher, President, Boettcher Enterprises, Inc. appeared as a proponent of the bill.  He explained the proposed legislation helps them to seek a responsible, a pro-active, and a working model approach towards achievement of a common objective to protect human health and the environment.  He stated that he and his company support the bill. (Attachment 10)

Julie Westhoff, Senior Project Manager, Kennedy/Jenks Consultants, appeared as a proponent of the bill.  She stated that the proposed legislation allows KDHE the flexibility to address environmentally impacted sites in a manner that is safe for the environment.  She explained that it also allows the regulated community an opportunity to conduct a risk analysis of a site with the ultimate goal of closing the site in a timely manner. (Attachment 11)

Written testimony in support of the bill was submitted by:
Charles Brewer, President, GSI Engineering (Attachment 12)
Max Shepard, President, Shepard Engineering, Inc. (Attachment 13)
Paul Clark, President of Allied Environmental Consultants, Inc. (Attachment 14)
Pat Goeke, American Council of Engineering Companies of Kansas (Attachment 15)

Chair Huebert closed the hearing on the bill.